LALLAN BABU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pramod Kumar, learned counsel for the revisionists,learned AGA for the State and perused the material on record.

(2.) This criminal revision has been filed by accused revisionists Lallan Babu and Smt. Rekhaagainst the order dtd. 28/11/2017 passed by Additional Sessions Judge / Special Judge,POCSO Act, Court No. 1, Auraiya in Special Sessions Trial No.388 of 2015, State vs. Raj @Guddu (Case Crime No. 150 of 2015), under Ss. 363, 366, 376 I.P.C. and 3/4 POCSOAct, P.S. Phaphund, District Auraiya whereby trial court allowed the application underSec. 319 Cr.P.C. made by prosecution and summoned the accused-revisionists to face trial.

(3.) It has been contended by learned counsel for the revisionists that accused-revisionists arefalsely implicated in the present case. They committed no offence. Investigating Officerduring investigation did not find any evidence against the revisionists and he did not submitcharge sheet. It has been further submitted that accused-revisionists are not named in F.I.R.They have not been charge-sheeted. There names have not come in the statement of witnessesunder Sec. 161 Cr.P.C. but they have been summoned believing the evidence of P.W.-2Anju Mishra (Victim). It has been further argued that trial Court did not appreciate the